Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 7531 - 7560 of 8419

Full-Text Articles in Property Law and Real Estate

Effect Of Performance Of Parol Trust Of Land Upon Creditors Of Trustee - Jacobs V. Schwartz, Et.Al. Jan 1942

Effect Of Performance Of Parol Trust Of Land Upon Creditors Of Trustee - Jacobs V. Schwartz, Et.Al.

Maryland Law Review

No abstract provided.

Go to article

The Effect Of A Mortgage Foreclosure On A Lease Executed Subsequent To The Mortgage, Snyder Jed King Jan 1942

The Effect Of A Mortgage Foreclosure On A Lease Executed Subsequent To The Mortgage, Snyder Jed King

Washington Law Review

A owns Blackacre in fee. B loans money to A and takes a mortgage on Blackacre as security for the debt. Subsequent to the execution of the mortgage A leases the land to C. A then defaults on his debt and B takes steps to realize on his security. What are the rights and obligations of B, the mortgagee, C, the lessee and A, the mortgagor-lessor?

Go to article

Bailments--The Parking Lot Cases, John Howe Jan 1942

Bailments--The Parking Lot Cases, John Howe

Kentucky Law Journal

No abstract provided.

Go to article

El Principio De La Especialidad Y Su Doble Desenvolvimiento En Cuanto A La Hipoteca, Gustavo Alonso De La Torre Jan 1942

El Principio De La Especialidad Y Su Doble Desenvolvimiento En Cuanto A La Hipoteca, Gustavo Alonso De La Torre

Mario Diaz Cruz Pamphlets

Publicado con: El Catastro Parcelario. (Tesis de Grado). Carta-Prólogo del Lcdo. Pedro G. de Medina e Ibañez.

Go to article

Damages - Effect Of Defendant's Tender Of Specific Restitution Upon Plaintiff's Action To Recover The Value Of Property, William H. Kinsey Jan 1942

Damages - Effect Of Defendant's Tender Of Specific Restitution Upon Plaintiff's Action To Recover The Value Of Property, William H. Kinsey

Michigan Law Review

A person who has appropriated the land or chattels of another may prefer to return the subject matter rather than be held liable for its money equivalent in a law suit brought by the rightful owner. Whether the appropriator will improve his position by tendering specific restitution presents an interesting question. Because of the numerous remedies at the owner's disposal, it is impossible to formulate a single, concise answer.

Go to article

Execution - Misdirection Of Process - Validity Of Amendment, Michigan Law Review Jan 1942

Execution - Misdirection Of Process - Validity Of Amendment, Michigan Law Review

Michigan Law Review

A statute provided that where the writ of execution requires the delivery of real or personal property, it "must" be issued to the sheriff of the county where the property is situated. The judgment debtor had some money deposited with the defendant bank in Y county on which plaintiff sought execution. The writ was directed to the sheriff of X county but was delivered to the sheriff of Y county. The writ was served on the defendant bank and the vice president of the bank made a return stating that the bank had no property in its possession, nor under …

Go to article

Joint Obligations- Effect Of Release Or Covenant Not To Sue, Michigan Law Review Jan 1942

Joint Obligations- Effect Of Release Or Covenant Not To Sue, Michigan Law Review

Michigan Law Review

Defendants mortgaged their farm to plaintiff and later conveyed to one Ahart, who assumed the mortgage indebtedness. In a written extension agreement between all three parties it was provided that the defendants and Ahart should be jointly and severally liable for the debt. After foreclosure proceedings were started, Ahart and the plaintiff entered into a written contract by which the plaintiff agreed to release Ahart from all personal liability on the mortgage indebtedness in consideration of a deed to the farm. Thereafter the plaintiff sought a deficiency judgment against the defendants. Held, the defendants were not discharged from their …

Go to article

Taxation - Gift Tax - Transfer In Pursuance Of An Antenuptial Agreement As A Taxable Gift, Michigan Law Review Jan 1942

Taxation - Gift Tax - Transfer In Pursuance Of An Antenuptial Agreement As A Taxable Gift, Michigan Law Review

Michigan Law Review

Plaintiff entered into an antenuptial agreement with his intended wife whereby she waived all rights which she might acquire by virtue of the marriage in certain stock which he owned. In consideration therefor, he transferred to her two annuities and an interest as tenant by the entirety in two parcels of real estate. Plaintiff contended that such transfers did not constitute taxable gifts, and the Board of Tax Appeals decided in his favor. Held, that the transfers were taxable gifts, for a waiver of marriage rights in the property of plaintiff pursuant to an antenuptial agreement did not constitute …

Go to article

Restrictive Covenants: Tourist Homes As Violations, Roy Vance Jr. Jan 1942

Restrictive Covenants: Tourist Homes As Violations, Roy Vance Jr.

Kentucky Law Journal

No abstract provided.

Go to article

Mislaid Property--Money In Traveling Bag, Henry Howe Bramblet Jan 1942

Mislaid Property--Money In Traveling Bag, Henry Howe Bramblet

Kentucky Law Journal

No abstract provided.

Go to article

Torts--Injury To Property--Blasting, Marcus Redwine Jr. Jan 1942

Torts--Injury To Property--Blasting, Marcus Redwine Jr.

Kentucky Law Journal

No abstract provided.

Go to article

Contracts--Sufficiency Of Notice To Require Exercise Of Option, W. H. S. Dec 1941

Contracts--Sufficiency Of Notice To Require Exercise Of Option, W. H. S.

West Virginia Law Review

No abstract provided.

Go to article

Deeds--Construction As To Grantees--Official Or Representative Capacity, D. C. H. Dec 1941

Deeds--Construction As To Grantees--Official Or Representative Capacity, D. C. H.

West Virginia Law Review

No abstract provided.

Go to article

Landlord And Tenant--Duty To Repair--Gratuitous Promise By Landlord, P. W. H. Dec 1941

Landlord And Tenant--Duty To Repair--Gratuitous Promise By Landlord, P. W. H.

West Virginia Law Review

No abstract provided.

Go to article

Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield Dec 1941

Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield

Michigan Law Review

One of the terms under which certain premises were leased to plaintiff's husband was a covenant by the defendant lessor to keep the premises in repair. Defendant neglected to repair two of the porch steps, although often requested by plaintiff to do so, and because of their defective condition plaintiff fell and was hurt. She brought suit on two counts; in tort for negligence, and on the contract for its breach. Held, an action in tort would not lie, and, although this was a proper case for an action ex contractu, recovery was denied because the consequences were avoidable …

Go to article

Principal And Surety - Effect Of Release Of Principal Debtor With Reservation Of Rights Against Surety, Raymond H. Rapaport Dec 1941

Principal And Surety - Effect Of Release Of Principal Debtor With Reservation Of Rights Against Surety, Raymond H. Rapaport

Michigan Law Review

Plaintiff leased property to defendant, who in turn assigned his rights under the lease to one Garber, the latter assuming the covenants to pay rent and against commission of waste. Plaintiff did not release defendant from the lease. After the expiration of the lease plaintiff recovered judgment for $2,844.75 against defendant, for breaches of the covenants, and then recovered a similar judgment against Garber. Subsequently Garber paid the plaintiff $2,000, and plaintiff gave him a receipt acknowledging "full satisfaction of the judgment rendered against me in the within action. The receipt of said sum is not a release of any …

Go to article

Mortgages - Recording - Effect Of A Mortgage Recorded In The Book Of Deeds, Paul M. Oberndorf Dec 1941

Mortgages - Recording - Effect Of A Mortgage Recorded In The Book Of Deeds, Paul M. Oberndorf

Michigan Law Review

An interest in certain land was mortgaged by the owners to the plaintiff in October, 1933. This same interest was subjected to a lien of certain judgment creditors recovered against the owners in July, 1936. The defendant, as assignee of the claim of the judgment creditors, claimed priority over the mortgagee by reason of the fact that the mortgage was delivered to the register for the purpose of being recorded as a deed and was in fact so recorded. The judgment creditors disclaimed all notice of this prior mortgage. The statutes of New Jersey provide that mortgages should be registered …

Go to article

Taxation - Optional Valuation Date Under Federal Estate Tax - Inclusion Of Income Received During Year After Decedents Death In The Valuation Of The Gross Estate, Jay W. Sorge Dec 1941

Taxation - Optional Valuation Date Under Federal Estate Tax - Inclusion Of Income Received During Year After Decedents Death In The Valuation Of The Gross Estate, Jay W. Sorge

Michigan Law Review

The executors of three different estates elected the optional valuation date provided in the federal estate tax and were compelled, because of a Treasury regulation, to include rents, interest, and regular dividend payments received during the year after the decedent's death in their valuation of the gross estate. In actions to recover overpayment of the tax, the regulation was upheld by the lower federal courts, and the cases were brought to the Supreme Court by certiorari. Held, regular dividend, interest, and rent payments received by the estate between the decedent's death and the optional valuation date one year later, …

Go to article

Torts - Licensees - Revocability Of License Granted By Theatre Ticket, Harry M. Nayer Dec 1941

Torts - Licensees - Revocability Of License Granted By Theatre Ticket, Harry M. Nayer

Michigan Law Review

Plaintiff was forcibly ejected from defendant's theatre by defendant's employees and brought this action for damages for assault and battery. Defendant offered testimony attempting to justify the ejection on the ground that plaintiff was creating a disturbance. The trial judge instructed the jury that the question of plaintiff's conduct was immaterial and that a theatre owner could eject a patron at any time with or without cause. Held, that the instruction was erroneous. Despite the revocable character of the license granted by a theatre ticket a theatre owner does not have the right to eject a patron without cause. …

Go to article

Torts - Effect Of Attractive Nuisance Doctrine On Municipal Liability To Children On The Streets, Donald H. Treadwell Dec 1941

Torts - Effect Of Attractive Nuisance Doctrine On Municipal Liability To Children On The Streets, Donald H. Treadwell

Michigan Law Review

Plaintiff, an eight year old girl, stopped on the way home with a playmate to play around a newspaper stand located on the edge of the sidewalk. The stand was maintained by a vendor who was licensed by the city. While the plaintiff was standing beside the stand, her playmate swung from the top, causing it to topple over on the plaintiff and gash her forehead. Despite medical care infection set in and a disfiguring scar resulted. There was evidence that the stand had fallen over previously for various reasons. Held, that the defendant city was negligent in not …

Go to article

Executors And Administrators - Rights Of Creditors Of Legatee Or Distributee During Administration Of Decedent's Estate, Herbert R. Whiting Dec 1941

Executors And Administrators - Rights Of Creditors Of Legatee Or Distributee During Administration Of Decedent's Estate, Herbert R. Whiting

Michigan Law Review

In order to present a clear picture of the problem involved herein two assumptions must be made before proceeding further: (a) that it is desirable to subject to the claims of his creditors the interest of a legatee or distributee, providing certain procedural and administrative difficulties, subsequently to be considered, can be overcome; (b) that there is no realty in the decedent's estate.

Go to article

Dower - Premarital Conveyance As Fraud On Dower, Michigan Law Review Dec 1941

Dower - Premarital Conveyance As Fraud On Dower, Michigan Law Review

Michigan Law Review

Decedent, seven days before his marriage to plaintiff, conveyed all his property to his nephew, the defendant. Plaintiff was not informed of the transfer until some time after the marriage. The property was worth $22,000, and decedent, who was at that time sixty-two years of age, was allowed to retain a life estate therein. Cancellation of a note for $2,904 owing from decedent to defendant served as consideration for the transfer. Held, the transfer was a fraud on dower since it was made without the knowledge of the intended wife for the purpose of defeating the interest which she …

Go to article

Mortgages - Subrogation Of A Volunteer, Herbert R. Whiting Nov 1941

Mortgages - Subrogation Of A Volunteer, Herbert R. Whiting

Michigan Law Review

After the marriage of the plaintiff to Victor Scheutz the latter's mother conveyed certain property to Victor and his sister, Viola, subject to an outstanding mortgage which the grantees assumed. Immediately after the completion of this transaction Victor and Viola, with plaintiff joining to release her dower, executed deeds of reconveyance to their mother. Thereafter Victor, Viola, and their mother, and plaintiff used the premises as a summer cottage until 1939, when plaintiff was granted a divorce. In 1932 upon request by the mortgagee for part payment of the mortgage debt plaintiff paid it in full. In this action, instituted …

Go to article

Damages - Expenses Of Litigation - Counsel Fees In A Previous Suit, Gerald M. Lively Nov 1941

Damages - Expenses Of Litigation - Counsel Fees In A Previous Suit, Gerald M. Lively

Michigan Law Review

Plaintiffs brought this appeal from a judgment dismissing an action to recover the attorney's fees and other expenses of the prosecution of a prior suit with defendant. In the former action plaintiffs had secured a decree requiring defendant to convey to them certain property which the defendant had withheld fraudulently and maliciously. In the present action defendant successfully had moved to dismiss on the grounds that attorney's fees as between original litigants were not recoverable and further that this claim was res judicata due to the prior suit. Held, one justice dissenting as defendant's intentional and wilful misconduct necessitated …

Go to article

Executors And Administrators - Liability Of Original Lessee's Estate On Assigned Long - Term Lease, Charles G. Schwartz Nov 1941

Executors And Administrators - Liability Of Original Lessee's Estate On Assigned Long - Term Lease, Charles G. Schwartz

Michigan Law Review

Defendant's testator had entered into a ninety-nine year lease with the plaintiff lessor, and shortly afterward, with the consent of the plaintiff, had assigned the lease to a corporation. The lease was renewable forever. Fourteen years later the original lessee died testate, leaving an estate of approximately $1,000,000. The lessor now seeks to have the court impound nearly all of the estate as security for future rent payments. At the time of suit there had been no default in rent installments. Held, plaintiff has no present cause of action. In the absence of any default in rent, mere privity …

Go to article

Limitation Of Actions - Landlord And Tenant - Installment Rent Payments, Reid J. Hatfield Nov 1941

Limitation Of Actions - Landlord And Tenant - Installment Rent Payments, Reid J. Hatfield

Michigan Law Review

Defendant rented a farm from plaintiff under a written lease for five years and then held over under the same terms by an oral agreement. Plaintiff brought an action for arrearages in rent payments, claiming that the four-year statute of limitations on open book accounts was applicable, but defendant alleged that the two-year statute on oral contracts barred the action. Held, the two-year statute was applicable and barred the action. When rent is payable in specified monthly sums, the statute runs from the respective date when each installment falls due. Tillson v. Peters, 41 Cal. App. (2d) 671, …

Go to article

Taxation--Appeal From Circuit Court On Issues Of Valuation, E. E. T. Jr., L. E. T. Ii Jun 1941

Taxation--Appeal From Circuit Court On Issues Of Valuation, E. E. T. Jr., L. E. T. Ii

West Virginia Law Review

No abstract provided.

Go to article

The New Delinquent Lands Statute, Clyde L. Colson Jun 1941

The New Delinquent Lands Statute, Clyde L. Colson

West Virginia Law Review

No abstract provided.

Go to article

Bankruptcy- Municipal Reorganization - Fairness Of Plan, Kenneth J. Nordstrom Jun 1941

Bankruptcy- Municipal Reorganization - Fairness Of Plan, Kenneth J. Nordstrom

Michigan Law Review

A local government district, finding itself hopelessly in debt, filed a petition for relief under Chapter IX of the Bankruptcy Act as amended. The municipal debt composition plan provided that bondholders would receive eight cents on the dollar. The evidence showed that a considerable quantity of bonds were bought by local landowners at much more than eight cents on the dollar, evidently for the purpose of being used in getting the approval of some such plan as proposed, in the expectation of an increase in value of their lands by improvements to be made by the debtor through a loan …

Go to article

Exemptions - Loss Of Homestead Exemption, Felicia I. Hmiel May 1941

Exemptions - Loss Of Homestead Exemption, Felicia I. Hmiel

Michigan Law Review

Due to inability to make a living, the defendant and his family left their homestead in 1932 with the intention of re-occupying it as soon as they secured enough money to buy the necessary equipment to maintain themselves on the farm. In October, 1937, a judgment was recovered by plaintiff against defendant, execution was issued and levy made on the still vacant homestead, and a date of sale set for June, 1939. Defendant claimed homestead exemption. Held, that since it did not appear when, if ever, defendant would return to the homestead, the removal and seven years' absence was …

Go to article

First Prev Next Last